Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, D and H) Order 2016

Debate between Baroness Williams of Trafford and Viscount Simon

Thursday 19th January 2017 Lords Chamber

[Viscount Simon (Lab)]

My Lords, I have just one brief question. Suspects under the age of 18 are to be looked after by the local authority. What security measures will be taken to ensure that they are safe and do not get away?

[Baroness Williams of Trafford]

I thank noble Lords for their questions. Perhaps I can deal with the question of the noble Viscount, Lord Simon, first while it is fresh in my mind. The usual safeguards for young children in detention would be employed to ensure that a young person did not get away.

The noble Lord, Lord Kennedy, asked about the use of live link and whether it would become the norm or used only on limited occasions. The police will use the live-link technology only in certain circumstances judged on a case-by-case basis, taking account of the representation given to the suspect by an appropriate adult and a solicitor. The noble Lord also asked whether the facility would be used only in relation to suspects. I can answer in the affirmative yes, not for the witnesses. He asked about safeguards being ensured and the role of the solicitor. Solicitors must be asked if they wish to make representations to be considered by the police. If there is any doubt the inspector must authorise.

If the noble Lord would like me to go through the conditions, I will do so. Before interview, the suspect’s solicitor, where legal advice is requested, and an appropriate adult for any juvenile or vulnerable adult, must be asked about their views on live-link interpretation. The representations for the interpreter to be present may be made at any time before and during the interview. If there is any doubt about the suspect’s ability to adequately cope with the live-link arrangements during the interview, the physical presence of the interpreter will be required, unless an inspector, having considered the circumstances—in particular, the availability of an interpreter, representations from the suspect’s solicitor, the appropriate adult’s impact on the suspect and the evidential implications—authorises live-link interpretation.